Interpretation ID: 1985-03.28

TYPE: INTERPRETATION-NHTSA

DATE: 08/12/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Rod Nash, P.E. -- Corporate Engineering, Collins Industries, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Rod Nash, P.E. Corporate Engineering Collins Industries, Inc. P.O. Box 58 Hutchinson, KS 67504-0058

This responds to your May 20, 1985 letter to Mr. Francis Armstrong of the Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration (NHTSA). Your letter has been referred to my office for reply.

You asked whether you are correct in certifying a van as a multipurpose passenger vehicle (MPV) if the van carries less than 10 passengers but has the lighting and identifying marks of a school bus. The answer to your question is yes.

I would like you to keep in mind that NHTSA has two sets of regulations, issued under different acts of Congress, which have a bearing on your situation. The first of these is the regulations for the manufacture and sale of new motor vehicles and new motor vehicle equipment, issued by us under the authority of the National Traffic and Motor Vehicle Safety Act of 1966. The second set of regulations is the highway safety program standards issued by us under the Highway Safety Act of 1966. The highway safety program standards cover a wide range of subjects and are considered for Federal funding of state highway safety programs. The yellow paint and black markings of school buses are features of school bus safety covered by the program standard for pupil transportation safety.

We promulgated the following definition of a MPV, as found in 49 CFR S571.3, under the authority of the Vehicle Safety Act:

"Multipurpose passenger vehicle" means a motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.

You are thus correct in certifying a van as a MPV if it carries less than 11 persons, including the driver. This is the case even if the MPV has the yellow paint and black trim of a school bus. You must certify your MPV as meeting all motor vehicle safety standards applicable to MPV's. You may also voluntarily manufacture the MPV in compliance with the requirements of our school bus safety standards, as long as the vehicle continues to comply with our standards for MPV's.

New vans carrying 11 or more persons (i.e., 10 or more passengers) are "buses" under NHTSA's definition of a "bus." We define "bus" as "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons" (49 CFR 5571.3). Regardless of how they are painted or marked, new buses that are sold for purposes that include carrying school children must be certified as meeting our school bus safety standards.

You should also note that the color and other identifying features of a school bus are aspects of school bus safety covered by Highway Safety Program Standard (HSPS) No. 17, Pupil Transportation Safety. Individual states have chosen to adopt some or all of the highway safety program standards issued by NHTSA for their own highway safety programs. A state's implementation of HSPS No. 17 would affect the operation and identification of school vehicles to the extent of its implementation of the standard's recommendations. A copy of the standard is enclosed for your information.

Please contact me if you have further questions.

Sincerely,

Jeffrey R. Miller Chief Counsel

Enclosure

Mr. Francis Armstrong, Administrator National Highway Traffic & Safety Administration 400 7th St., S.W. Washington, D.C. 20590

Dear Mr. Armstrong:

I am writing to request a letter of interpretation on the National Highway Traffic & Safety Administration position regarding the appropriate vehicle classification for a yellow van with warning lights but set up to carry less than 10 passengers. In Public Law 89-563, a school bus is defined as:

A passenger motor vehicle which is designed to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting primary, pre-primary, or secondary school students to or from such schools or events related to such schools.

Part 571 says a school bus means:

A bus that is sold, or introduced in interstate commerce, for purposes that include carrying student to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation.

Since a bus is defined as a vehicle to carry 10 passengers, I understand the two definitions to be talking about the same type vehicle.

From time to time, we receive orders for our small school bus equipped with a handicapped lift and floor planning for 5 to 10 passengers. We have been calling this type vehicle a multipurpose passenger vehicle on its certification sticker. The yearly production of vehicles with this type seating is small. Typically, our small school buses have seating capacities from 12 to 20 passengers and are clearly school buses.

We would appreciate your referring this letter to the office of Chief Counsel for the correct interpretation. Specifically, the question centers on a vehicle that is painted yellow, has black horizontal stripes, red and yellow warning lights on each end, and has designated seating positions for 6 to 10 passengers.

Thank you for your attention to these questions.

Sincerely, Rod Nash, P.E. Corporate Engineering COLLINS INDUSTRIES, INC. /mw